Trump Declares Biden Autopen Actions 'Null and Void,' Legal Experts Say Claim Has No Effect

On December 2, 2025, Trump posted on Truth Social that all documents, pardons, executive orders and other actions signed during Joe Biden's presidency using an autopen were "null, void, and of no further force or effect." He argued the autopen operators acted without authorization, and said anyone holding a pardon or commutation signed that way should consider it terminated.

Legal experts said the declaration has no binding legal effect. Autopen use has been accepted across administrations for decades, courts have upheld its validity, and the Constitution contains no mechanism allowing a successor president to unilaterally void a predecessor's signed actions. Biden told reporters he personally made and orally approved every pardon and commutation issued at the end of his term, using the autopen only to handle the volume of paperwork.

As of early December 2025, no court or agency had acted on Trump's declaration, and the pardons and orders in question remained in effect, underscoring the gap between the administration's public statements and their actual legal weight.